Data from 911 calls at ICE detention centers must be disclosed under new California law

A new law will require local agencies to publicly disclose audio recordings and written records of 911 calls originating from privately run immigration detention facilities. The bill was prompted by CalMatters reporting on alleged sexual assaults at the Otay Mesa Detention Center.

Gov. Gavin Newsom signed Senate Bill 423, called the Detention Facility Transparency Act, on Tuesday. It was one of 21 immigration-related bills in a package his office announced the same day.

The law will require local agencies to turn over recordings and written records of 911 calls from privately run detention facilities, if a member of the public requests them. It includes an exception if an active investigation is underway and requires redacting the names of affected individuals.

“Well, it goes without saying, these past two years, Donald Trump has brought fear and has brought anxiety, disruption and stress to our immigrant communities,” Newsom said in a recorded video statement on his website.

“So, today, I sign a number of bills to strengthen transparency and to strengthen accountability and oversight over federal immigration enforcement and civil detention in our state,” the governor said.

State Sen. Lena Gonzalez, a Democrat from Long Beach, introduced SB 423 as state investigations and courts found serious gaps in essential medical care within the facilities. She said the aim was to stop private operators, and the agencies that work alongside them, from keeping what happens behind detention walls from the public's view.

In February, L.A. Taco reported that detainees inside Otay Mesa were throwing lotion bottles wrapped with notes about conditions inside over the wall of the facility to organizers standing outside.

“For 280 days we haven’t eaten a single piece of fruit, banana, apple, orange, or anything fresh," an Otay Mesa detainee wrote, the news outlet reported. "We are all in one big room with no doors or windows. We can’t see any grass or trees. We are all constantly sick.”

Gonzalez, who is chair of the Legislative Latino Caucus, said no person “should have to resort to throwing notes over the walls of a detention facility to have their needs met and their voices heard.”

Earlier this year, CalMatters sought information, including 911 audio records and other reports, about alleged serious incidents at detention facilities through a California Public Records Act request. While a San Diego County sheriff’s spokesperson said the agency was not investigating those cases, he said he was unable to turn over additional records because they were part of “a law enforcement investigation.”

“When journalists and reporters attempted to obtain records about reported incidents at these facilities through the Public Records Act, they faced severe pushback from law enforcement, citing vague investigatory records exemptions, despite there being no active investigation,” said Gonzalez.

Immigrant Defense Advocates and the First Amendment Coalition co-sponsored the bill.

“The governor has sent a powerful message: No more secrecy. SB 423 makes clear that 911 calls and related records about events in detention must be released upon request. This will shed more light on a notoriously opaque system, leading to stronger oversight and accountability,” Ginny LaRoe, Advocacy Director, First Amendment Coalition, said in a written statement.

Gonzalez’s bill was one of several detention oversight bills Newsom signed Tuesday. Others impose a new 25% tax on private detention facilities, expand health, safety and oversight requirements for the centers, and add to the state attorney general’s oversight role.

The new laws take effect Jan. 1.

This article was originally published on CalMatters and was republished under the Creative Commons Attribution-NonCommercial-NoDerivatives license.